Effective School Management

The decision to dismiss
If a school is contemplating the dismissal of any member of staff, it follows
therefore that the head, the chair of governors and whoever else represents
the ‘employer’ in the particular school should first check that the procedures
set out in the contract of employment have been, are being and will be followed.
They should then be clear whether the reason for dismissal is misconduct,
incapability or redundancy (other reasons are unlikely) and, subject to the
contract of employment, should ensure according to the reason for dismissal
that the following basic conditions have been met:
(1) Misconduct: that the employee has been warned in writing of previous
cases of misconduct or has committed an act of gross misconduct. (Even
then, suspension is a good idea while the facts are explored.)
(2) Incapability:  that this has been drawn to the employee’s attention in
appraisal and other interviews and that he or she has been given all
reasonable help to improve performance.

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(3) Redundancy:  that the post occupied by the employee has genuinely
ceased to exist as a result of reorganization or that one post from a
number of similar posts has ceased to exist and that the particular
employee has been chosen for redundancy in accordance with
established criteria.
Each school should have policies covering discipline of staff, capability
procedures and redundancy. The LEA can provide model policies, often based
on nationally negotiated policies, and the headteacher associations also
produce model policies.
In cases of redundancy there will be an entitlement to, at least, a statutory
payment according to the years of service or an agreed ‘early retirement’
package. In all cases there may be an entitlement to a period of notice or
payment in lieu of notice.
Redundancy is the most common reason given for dismissal, though
‘incapability’ has become more common as weaknesses are revealed by
Ofsted inspections and appraisals. The two can be neatly and humanely
combined if the criterion for selecting for redundancy is quality of
performance, though proof may be difficult unless very good records have
been kept. Unfortunately, ‘last in, first out’ may have been established, and
we may be constrained to lose the very people whom we least want to lose
unless we make a stand. The governing body will need, in consultation with
staff and the recognized trade unions and teacher associations (whether or
not they have members in the school), to determine the criteria to be used
when selecting staff for redundancy. The principle to be applied is that of
achieving a balance between the needs of the school and the need to be fair in
dealing with staff. Designing objective criteria is not enough to guarantee fair
and reasonable selection; the criteria must be consistently and fairly applied.
When the above process has identified staff, a clear decision should be
taken as to who will inform the employees. We would strongly suggest that
the communication that someone is likely to be made redundant should be
delegated to one person (e.g. the head), and that if another person requires or
is required to be present, that person should intervene as little as possible and
certainly be careful not, in any way, to undermine the ‘messenger’.
Occasionally a potential redundancy or early retirement package may
bring welcome relief. More usually dismissal (or suspension) will cause a
trauma rivalled only by bereavement and marital breakdown. In all three
situations we can expect the potential victim to move in turn through the
phases of
(1) disbelief and refusal to accept;
(2) anger, frustration and despondency;
(3) acceptance (it is hoped!); and
(4) a positive attitude to getting on with life.
These are normal reactions and it is important that the deliverer of the message
should expect and be prepared to deal with them by responding to the

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EFFECTIVE SCHOOL MANAGEMENT
following guidelines:
(1) Choose a time and place so that there will be no interruptions, no one will
be  ‘in a hurry’ and the recipient of the news will have no further
commitments that day. (The end of the afternoon is often a good time but,
if it has to be earlier, make sure someone is standing by to take over any
remaining teaching duties for the day. Friday is ideal as it allows a
weekend for the employee to come to terms with the situation.)
(2) Work out and write down the details of any likely financial settlement,
when exactly the employment is to terminate if agreed by the governors,
when and how, in the case of misconduct, keys are to be handed over, the
premises vacated and personal items removed, the nature of any appeals
procedure and follow-up.
(3) Summon the person to the appointment at fairly short notice – not more
than three hours.
(4) The tone of the interview should be one of helpful formality and should
certainly not be preceded by questions about the family or interspersed
with pleasantries.
(5) Don’t torture the victim by beating around the bush. Come to the point as
quickly, simply and firmly as possible, e.g. ‘You will be aware that we
have to make staff cuts this year and, after careful consideration, we have
decided reluctantly to propose to the governors that they make you
redundant with effect from…’ Pause to allow the message to sink in.
(6) Responses from the ‘victim’ may be silence (Why me?), anger (What
about my family?), tears or other expressions of disbelief, non-
acceptance or grief. Do not get involved in lengthy explanations. Do not,
above all, suggest that the decision to recommend dismissal is open to
review or use phrases like ‘We’ll see what we can do!’ Simply reaffirm
slowly, simply, sympathetically (‘I know that this must be a blow to you’)
that the decision to make the recommendation has been very carefully
considered and is irreversible as far as you are concerned.
(7) At an appropriate moment explain the details that you have written
down about payments, likely termination date, etc., and hand over the
piece of paper, having, of course, kept a copy for your files. Explain that a
formal letter of confirmation of the decision to recommend dismissal will
be sent, that no further work will be expected today, that you or some
other appropriate person will be happy to talk again and advise when
there has been an opportunity to think things through.
(8) Conclude the interview by offering an opportunity to sit quietly
somewhere, preferably with a cup of tea, offer the use of a phone, etc.
Generally try to do whatever is helpful in cases of bereavement or
trauma, bearing in mind possible dangers of driving home in a highly
emotional state.
(9) Make sure that you and other help are available to help the identified
person through the stages of acceptance and positive action.

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